Key Benefits:
Public concerned: civil servants under the Civil and Military Pension Code; officials affiliated with the National Pension Fund for Local Government Officers; workers affiliated with the pension scheme of workers of state industrial establishments.
Subject: conditions for lowering the opening age of the right to a pension for employees with disabilities.
Entry into force: the Order is applicable to liquidated pension plans effective March 14, 2012.
Notice: theArticle 126 of Act No. 2012-347 of 12 March 2012 has opened to public servants and workers of the State who have the status of disabled worker within the meaning of Article L. 5213 of the Labour Code a right to retirement before the age of 60, provided that they have validated a minimum period of insurance.
The Order sets out the minimum insurance periods required for the opening of this right. It provides that public servants and state workers recognized as workers with disabilities can enjoy early departure under the same conditions as those justifying permanent incapacity of more than 80%. They will be able to benefit from retirement between 55 and 59 years of age as long as they justify a lifetime of insurance, acquired while they were recognized workers with disabilities and whose quotity is dependent on the age of departure; a portion of this insurance period must have given rise to an agent's contribution.
References: This decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of State Reform, Decentralization and Public Service,
Having regard to the Civil and Military Pension Code, including articles L. 24, R. 33 bis and R. 37 bis;
Vu le Decree No. 2003-1306 of 26 December 2003 amended on the pension plan for staff members affiliated to the National Pension Fund for Local Government Officers, including articles 24 bis and 25;
Vu le Decree No. 2004-1056 of 5 October 2004 amended on the pension regime of workers of state industrial establishments, including articles 20 bis and 22 bis;
Having regard to the advice of the Local Finance Committee (the Standards Assessment Advisory Board) dated 12 April 2012;
The State Council (Social Section) heard,
Decrete:
I. ― In I of Article R. 33 bis of the Civil and Military Pension Code, the words "at least 80%" are replaced by the words: "at least 80% or as a disabled worker."
II. ― At 1°, 2°, 3°, 4° and 5° of article R. 37 bis of the same code, after the words: "a rate of 80%", are inserted the words: "or had the quality of disabled worker".
I. ― In II of Article 24 bis of the above-mentioned Decree of December 26, 2003, the words: "at least 80%" are replaced by the words: "at least 80% or as a disabled worker".
II. ― At 1°, 2°, 3°, 4° and 5° of the II of Article 25 of the same decree, after the words: "a rate of 80%", are inserted the words: "or had the quality of disabled worker".
I. ― In II of Article 20 bis of the above-mentioned Decree of 5 October 2004, the words: "at least 80%" are replaced by the words: "at least 80% of a rate or having a quality of disabled worker".
II. ― At 1°, 2°, 3°, 4° and 5° of article 22 bis of the same decree, after the words: "at least 80%", are inserted the words: "or had the quality of disabled worker within the meaning ofArticle L. 5213-1 of the Labour Code "
The provisions of this Order are applicable to liquidated pensions effective 14 March 2012.
The Minister of Economy and Finance, the Minister of Social Affairs and Health, the Minister of State Reform, Decentralization and Public Service, the Minister Delegate to the Minister of Economy and Finance, responsible for the budget, and the Minister Delegate to the Minister of Social Affairs and Health, responsible for persons with disabilities and the fight against exclusion, are responsible, each with regard to the decree issued, for the execution of the official decree of the French Republic.
Done on September 18, 2012.
Jean-Marc Ayrault
By the Prime Minister:
The Minister of State Reform,
decentralization
and the Public Service,
Marylise Lebranchu
Minister of Economy and Finance,
Pierre Moscovici
Minister of Social Affairs
and Health,
Marisol Touraine
Minister Delegate
to the Minister of Economy and Finance,
Budget Officer
Jérôme Cahuzac
Minister Delegate
Minister of Social Affairs
and Health,
Persons with Disabilities
and the fight against exclusion,
Marie-Arlette Carlotti
